Terms of Use

Terms of Use

Last Revised: April 2019

Marylin Newell, d/b/a College Matters (“us”, “we”, or “our”) operates the College Matters website at https://CollegeMatters.us (together understood as the “website” or “services”) and offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here with no warranty or guarantee either expressed or implied.

By visiting our site you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Age and Consent – By agreeing to these Terms of Use, you represent that you are at least the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Unauthorized Use and Action – You may not use our services for any illegal or unauthorized purpose nor may you, in the use of this website and service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Malware – You must not transmit any worms or viruses or any code of a destructive nature.

Violations – A breach or violation of any of the Terms of Use will result in an immediate termination of our services.

Headings – The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

Right to Refuse Service – We reserve the right to refuse service to anyone for any reason at any time.

Copyright and Duplication – You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the service is provided, without prior express written permission by us.

Accuracy, Completeness and Timeliness of Information – We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting legal advice or primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, and we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Terms of Use – Our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any 3rd-Party for any modification, suspension, or discontinuance of the Service.

3rd-Party Links – Certain content and services available via our Service may include materials from 3rd-Parties. 3rd-Party links on this site may direct you to 3rd-Party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any 3rd-Party materials or websites, or for any other materials, products, or services of 3rd-Parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any 3rd-Party websites. Please review carefully the 3rd-Party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding 3rd-Party products should be directed to the 3rd-Party.

Errors, Inaccuracies, and Omissions – Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice including after you have submitted your order. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses – In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, our Website users, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Restrictions on Use – You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing, or hyperlinking immediately to cease.

Proprietary Information – The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyperlinks – This site may be hyperlinked to other sites which are not maintained by, or related to, our Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by our Company of that site.

Disclaimer – You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to protect your equipment and to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

Content and Use – Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Use of this Site is at Your Own Risk – The Content is provided “as is” and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Trademarks – Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Security – Company reserves the right to investigate suspected violations of these Terms of Use. By accepting this agreement you waive and hold harmless Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Company or law enforcement authorities.

Jurisdiction of Disputes – These Terms of Use will be governed and interpreted pursuant to the laws of Hebron, Maine USA, Oxford County, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Hebron, Maine USA, Oxford County, in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the courts in Hebron, Maine USA, Oxford County. In the event that any part or provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Severability – If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

Disclaimer of Warranties and Limitation of Liability – We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Website or Service will be accurate or reliable. You agree that from time to time we may remove the Website or Service for indefinite periods of time or cancel them at any time, without notice to you. You expressly agree that your use of, or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Indemnity – In no case shall College Matters, our directors, officers, employees, affiliates, agents, contractors, interns, heirs, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or Service or any products procured using the Website or Service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Website or Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Violations of Terms of Use – You agree to indemnify, defend, and hold harmless College Matters and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any 3rd-Party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a 3rd-Party.

Termination – The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Website or Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website or Service or any part thereof.

Entire Agreement – The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms of Use. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Changes to Terms of Use – You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Questions and Contact Information – If you would like to access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information contact our Compliance Officer at http://CollegeMatters.us/contact-us or by mail at: